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RESOLUTION 91-20298 RESOLUTION NO. 91-20298 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A FIVE HUNDRED THOUSAND DOLLAR {$500,000) GRANT FOR AN ENTERPRISE ZONE SAFE NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECT IN SAFE NEIGHBORHOOD DISTRICT NO. 1 FOR A STREET- SCAPE PROJECT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE EXTENDED DATES FOR THE PROJECT TIME TABLE AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE GRANT AGREEMENT WHEREAS, the 1990 Legislature of the State of Florida appropriated $500, 000 in Specific Appropriation Number 2223D for Enterprise Zone Safe Neighborhood Capital Improvement projects; and WHEREAS, the Legislature has informed the Department of Community Affairs of its intent that those funds be provided as a grant to the Recipient for activities related to Enterprise Zone Safe Neighborhood Capital Improvement Projects; and WHEREAS, certain administrative controls are necessary to ensure that public funds are expended for a public purpose and in accordance with sound grant management principles; and WHEREAS, the City on September 5, 1990 passed Resolution No. 90-20077 accepting the $500, 000 Grant; and WHEREAS, the City Commission wishes to authorize the City Manager to negotiate extended dates for the project time table set forth in Exhibit C to the Grant Agreement; and WHEREAS, the City Manager recommends the Grant Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach, Florida, hereby approves a Grant Agreement between the City of Miami Beach and the Florida Department of Community Affairs for a Five Hundred Thousand Dollar ($500, 000) Grant for an Enterprise Zone Safe Neighborhood Capital Improvement Project in Safe Neighborhood District No. 1 for a Street-scape Project, that the City Manager is authorized to negotiate extended dates for the Project Time Table (Exhibit C) and that the Mayor and the City Clerk are authorized to execute the Grant Agreement. PASSED and ADOPTED this 22nd day of May , 1991. ATTEST: City Clerk ayor C:\RESOLUTIONS\NEIGHBOR.SAF PNB:Im FORM APPROVED LEGAL DEPT. Date '‘:/2 /9, 2 • CONTRACT NO: GRANT AGREEMENT This agreement is entered into between the Florida Department of Community Affairs, hereinafter referenced as the "Department" , and the City of Miami Beach, hereinafter referenced as the "Recipient" . WHEREAS, the 1990 Legislature of the State of Florida appropriated $500, 000 in Specific Appropriation Number 2223D for Enterprise Zone Safe Neighborhood Capital Improvement projects; and, WHEREAS, the Legislature has informed the Department of its intent that those funds be provided as a grant to the Recipient for activities related to Enterprise Zone Safe Neighborhood Capital Improvement projects; and, WHEREAS, certain administrative controls are necessary to ensure that public funds are expended for a public purpose and in accordance with sound grant management principles; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. This is a fixed fee agreement for up to $500, 000 for satisfactory performance of services set forth in the attachments hereto and incorporated by reference as: Attachment A -- Scope of Work; Attachment B -- Budget; and Attachment C --- Project Time Table. 2 . The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature and the necessary funding authority. 3 . Any advance payment under this agreement is subject to Section 216. 181, Florida Statutes. The maximum advance allowable shall be the expected cash needs of the initial 3 months of this agreement. If an advance payment is requested, a letter containing the request and justification shall be attached to this agreement as Attachment D. The letter shall specify the amount of payment needed and contain an explanation of the necessity and proposed use of those funds. The Recipient shall place all funds received as a cash advance in an interest-bearing 1. account, maintain records of the interest earned, and adjust the final invoice to reflect the deduction of interest earned from the reimbursement amount. (CHECK ONE) 1. X No advance payment is required. 2 . An advance payment of $ is requested. 4 . After the initial advance, payment shall be made on a fixed fee basis for the completion of the tasks set forth in Attachment A - Scope of Work. Each payment request shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 5. The Recipient agrees to expend the funds solely for operating costs in accordance with the budget set forth in Attachment B. Changes in the budget may be made by the Recipient only after formal modification to this agreement is approved in writing by the Department. However, changes within individual line items may be made at the discretion of the Recipient, without Department approval if the cumulative effect of such changes does not exceed 20 percent of the line item or 20 percent of the total approved grant amount; budget changes cannot result in the over-expenditure of the total approved grant amount. Only unobligated funds may be transferred from one line item to another line item. The Recipient shall notify the Department in 1 writing when such changes are made. 6. The Recipient agrees that all bills for travel expenses shall be submitted in accordance with Section 112 . 061, Florida Statutes. 7 . The Recipient shall maintain books, records, documents, and files according to generally accepted accounting principles, which shall sufficiently and properly reflect all expenditures of funds received under this agreement. These records shall be open for inspection by the Department or its designees at any reasonable time and shall be maintained at the Recipient's headquarters office for a period of three years from the date of 2 submission of the financial and narrative reports required under this agreement. 8 . This agreement shall iiegin on the last date of signing and shall end December 31, 1991. 9. The Recipient, upon depletion of the grant funds, but in no case later than January 31, 1992 shall provide a narrative close-out report to the Department, describing the project conducted with the grant funds. A brief financial close-out report shall accompany the narrative. Both reports shall be addressed to the Department's representative. 10. Any funds expended in violation of this agreement or Florida law will be refunded in full to the Department. 11. The Recipient shall maintain and file with the Department two activity completion reports. The reports shall be completed as follows: (A) The first report is due on or before August 12, 1991, and shall include a detailed explanation and documentation of the action taken to complete activities 1 through 5 set forth in Attachment A - Scope of Work of this agreement. (B) The second report is due on or before November 22 , 1991, and shall include a detailed explanation and documentation of the action taken to complete activity 6 set forth in Attachment A - Scope of Work of this agreement. 12 . The Department agrees to pay a total fixed fee of $500, 000 for the satisfactory completion of all work performed according to the terms of this agreement. Payment shall be made as follows: (A) A payment of $250, 000 will be made to the Recipient. upon the completion of the activities set forth in Section 11 (A) of this agreement and receipt and the approval by the Department of the first task completion report. In the event that an advance payment is requested pursuant to Section 3 of this agreement, the first payment shall be reduced by 3 the full amount of the advance payment made to the Recipient hereunder. (B) A payment of $250,000 w l i l be made to the Recipient upon the completion of the activities set forth in Section 11 (B) of this agreement and receipt and the approval by the Department of the second task completion report. (C) Availability of funds may be altered pursuant to the March 25, 1991, Revenue Estimating Conference. 13 . (A) Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the Department may terminate the agreement upon no less than 24 hours notice in writing to the Recipient. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery to the address set forth below. The Department shall be the final authority as to the availability of funds. (B) Termination for Breach of Contract Unless the Recipient's breach of this agreement is waived by the Department in writing, the Department may, by written notice of breach to the Recipient, terminate the agreement. Termination shall be upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery to the address set forth below. Waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the agreement. The provision herein does not limit the Department's right to remedies at law or to damages. (C) Termination for Refusal to Allow Access to Records The Department of Community Affairs reserves the 4 right to unilaterally cancel this agreement for the Recipient's refusal to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this agreement. 14 . Notice and Contact (A) The Representative of the Department responsible for the administration of this agreement is Lynn Ekholm, Director of Administrative Services 2740 Centerview Drive Tallahasee, Florida 32399-2100 (B) The Representative of the Recipient responsible for the administration of this agreement is Richard Gatti , Director Public (title) Works Department City of Miami Beach 1700 Convention Center Dr. Miami Beach,Fl.(address) . 33139 (C) In the event that different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be delivered or mailed by certified mail in writing to the other party at the address set forth above, and said notification attached to the original pf this agreement. 15. All Terms and Conditions Included This written agreement contains all the terms and conditions agreed upon by the parties. In WITNESS WHEREOF, the parties have caused this five page agreement to be executed by their undersigned officials as duly authorized. • City of Miami Beach Department of Community Affairs Name Alex Daoud Name Title Mayor Title Date May 23, 1991 Date FORM APPROVED LEGAL DEPT. 5 5/0/x'/ ATTACHMENT A SCOPE OF WORK Recipient: City of Miami Beach 'disc ' • '01 o • o ' -C . The scope of workfor this project will include procurement of engineering and design services for the construction of street, sidewalk and lighting improvements along 1st Street between Alton Road and Washington Avenue in Miami Beach. All work is to be done in accordance with the South Florida Building Code and any other applicable agencies. Also included in the scope of work will be surveying and testing, preparation of plans, specifications, and contract documents, advertising for and obtaining qualified contractors to perform all construction, and procurement of permits and any other engineering and construction necessary to complete the project. S•ec ' . c ict 'v ' •e. '. e• 1. City Commission to approve service order with architect/ engineer for contract document 2 . Architect/engineer to submit preliminary report on project. 3 . Advertise bid for construction. Review bids and select contractor. 4 . Issue notice of award to contractor(s) . Contractor(s) will obtain bonds, provide insurance, documentation. City and contractor execute contract. 5. City issue notice to proceed. 6. Construction. 1 • ATTACHMENT B Budget for Miami Beach "Streetscape" Project RECIPIENT:T 'r Qf Miami hh , _ , DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 6"X 18" CURB (MEDIAN) LF 12.50 1020 . . 12,750.00 SOD & TOP SOIL SF 1.10 5900 6,490.00 12" STABILIZED SUBGRADE SY 2.50 7478 18,695.00 12" LIME ROCK BASE SY 14.507478 108,431.00 r r ASPHALT CONC. SY 4.7S 6960 33,060.00 CONCRETE SIDE WALK SY 22.50 871 19,597.50 18" CURB AND GUTTER LF 14.50 1875 27,187.50 4 DRAINAGE SYSTEM LS 24000.00 1 24,000.00 LIGHT POLES DOUBLE MAST EA 2200.00 7 15,400.00 LIGHT POLES SINGLE MAST EA 2100.00 14 29,400.00 STREET LIGHT CONDUIT LF 10.50 2915 30,607.50 ; .4 .... TREES LS 23202.00 1 23,202.00 4 IRRIGATION SF 1.50 8194 12,291.00 I TESTING LS 2450.00 1 2,450.00 ' . RELOCATION & ADJUSTMENT OF LS 39000.00 1 39,000.00 UTILITIES $402,561.SO SUBTOTAL ENGINEERING, DESIGN & SURVEY .15 $ 60,384.23 CONTINGENCIES . .10 $ 40,256.15 TOTAL : 503,201.88 I ATTACHMENT C PROJECT TIME TABLE Recipient: The City of Miami Beach Activity Stark D@te End Date 1. City Commission to approve Upon Signing 8/1/91 service order with architect/ by both parties engineer for contract document 2. Architect/engineer to submit " 8/1/91 preliminary report on project. 3. Advertise bid for construction. " 8/1/91 Review bids and select contractor. 4 . Issue notice of award to Is 8/1/91 contractor(s) . Contractor(s) will obtain bonds, provide insurance, documentation. City and contractor execute contract. 5. City issue notice to if 8/1/91 proceed. 6. Construction. 8/1/91 11/22/91 ORIGINAL RESOLUTION NO. 91-20298 Approving a grant agreement between the City of Miami Beach and the Florida Department of Community Affairs for a five hundred thousand dollar ($500,000) grant for an enterprise zone safe neighborhood capital improvement project in Safe Neighborhood District No. 1 for a streetscape project, authorizing the City Manager to negotiate extended dates for project time table and authorizing the Mayor and the City Clerk to execute the grant agreement. tib-" 9.pci1/4)44 r5 �I UA` "9.) ` �r